Snow and Ice Removal Laws in New York: Who’s Responsible?

Winter in New York brings picturesque snow-covered streets and frosty landscapes, but it also comes with responsibilities for property owners. The accumulation of snow and ice can create dangerous conditions, leading to slips, falls, and injuries. To mitigate these risks, New York has established laws that hold property owners accountable for maintaining safe premises during winter.

Why Do Property Owners Have to Remove Snow and Ice?

Snow and ice accumulation can create dangerous conditions for pedestrians and vehicles. Icy sidewalks, slippery driveways, and blocked walkways increase the risk of accidents. New York State imposes legal obligations on property owners to ensure public safety by maintaining their properties during winter months. Failure to adhere to these regulations may result in legal consequences if someone is injured due to negligence.

Key Laws and Regulations for Property Maintenance

New York enforces specific guidelines to ensure timely and effective snow and ice removal.

1. Local Ordinances: Municipalities across New York have ordinances that dictate how soon property owners must clear snow and ice after a storm. For example, some municipalities mandate that snow be cleared within four to 24 hours after snowfall ends. In Syracuse, homeowners are required to clear snow and ice by 6 pm the day after the snow event.
2. The “Storm in Progress” Rule: Property owners are not required to clear snow and ice during an active storm. However, once the storm ends, they must act within the timeframe set by local ordinances.
3. Reasonable Care Standard: Property owners must take reasonable steps to make sure walkways are safe. This means using appropriate methods and materials, such as salt or sand, to make surfaces as safe as possible. Failure to take these precautions may lead to liability.
4. Municipal Responsibility: In some cases, municipalities can be held responsible for snow and ice-related accidents on public sidewalks if they fail to meet their maintenance obligations. However, these cases often require specific notice and evidence of prior complaints

Recognizing Negligence in Snow and Ice Removal

Negligence occurs when property owners fail to meet their legal obligations for winter maintenance. Some common signs of negligence include:

• Accumulated Ice and Snow: Allowing snow and ice to build up without timely removal.
• Persistent Slippery Conditions: Failing to use salt, sand, or de-icing agents on cleared surfaces.
• Inadequate Lighting: Poor visibility that makes icy patches harder to spot.
• Obstructed Walkways: Leaving debris or equipment in pedestrian areas during winter conditions.
• Failure to Post Warnings: Not placing warning signs for remaining hazards after initial snow and ice removal.

Read More: Heavy Snow in New York—Is Your Roof About to Fail?

Property owners are also responsible for removing snow and ice from sidewalks surrounding bus stops and fire hydrants if they are in front of the property.